Family Law Blog

Tag: Domestic Violence

Since being handed down on 27 February 2017, in the Full Court of the Family Court, the decision of Britt & Britt has had the potential to significantly impact the way that evidence in property matters, relating to family violence, is treated and therefore, how it’s admitted in evidence.

Penrith LGA is currently one of the hardest-hit areas in the state with regard to reports of domestic violence. Unfortunately, Penrith is not alone in these numbers – with the neighbouring Blacktown area showing the highest number of domestic violence incidents in NSW: with 2083 in the year up until March 2017.

eCommBook, a web-based app that stores all of the details that a book might, allows ex-partners to communicate with their kids and one another. The app’s objective is to make the post-separation process as smooth as possible and to curb violence and abuse between parents so as to shield children from the tension and hostility surrounding family breakdowns.

Recently, following a key recommendation of the joint Australian Law Reform Commission Report and the New South Wales Law Reform Commission Report, ‘Family Violence—A National Legal Response’, the first stage of new guidelines for judges and magistrates was launched.

A Supreme Court move has reignited the debate as to whether parents should be able to physically discipline their children, after the Court quashed a decision convicting a parent of aggravated assault for smacking his son.

When there are accusations of violence by a parent towards a child in parenting disputes, the Court is often torn between making Orders to completely prevent contact and putting the child in a position where there is risk. The popular option is to make an Order for supervised time.

The changing landscape of technology is proving to be a large factor in family disputes, with a recent study by Victorian based research centre ‘SmartSafe’ finding that 80% of domestic violence workers reported that smart phones and related technology are being used to track, stalk and harass partners.

When determining property settlement matters the Court is required to take into account the contributions made by each person to the acquisition, improvement, and maintenance of their assets, the contributions made to each other and the contributions made to the welfare of the family. In exceptional circumstance, it has been successfully argued that domestic violence victims make greater contributions as their ability to contribute is significantly more difficult. This may alter the overall property settlement, as in the case of Kennon and Kennon [1997

Parenting orders mean that even if your relationship with the other parent ends, you’re likely to continue to remain in contact to discuss issues about your children. In situations where there are allegations of family violence or child abuse, this may affect how family law matters are managed.

The amount of domestic and personal violence recorded in Australia over the last ten years is at record highs. An overwhelming portion of victims in these cases are women. If you are or know a victim of domestic violence, there is support for you.

In recent years there has been increasing awareness about domestic and family violence, and its prevalence within our society. It’s now recognised that domestic and family violence goes beyond physical violence to encompass various types of behaviours and as such, significant changes were made to the Family Law Act in July 2012.

Many clients come to us for advice not only in relation to family law issues but also potential criminal or quasi-criminal issues due to events that occurred throughout the relationship, at separation or following.

Unfortunately, family violence often plays a part in the breakdown of a relationship. That violence can cause irreparable damage to the victims, which often include, either directly or indirectly, the children of a relationship.

The Universal Declaration of Human Rights recognises the right to ‘free and full’ consent to a marriage, and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) prohibits child marriage. However, every year, it is estimated that 14 million girls under the age of 18 are forced into marriage with little or no say in the union.

Unfortunately many family law matters today involve allegations of violence or abuse. Whilst some of these allegations may be unfounded, it has been reported that one in three Australian women will be assaulted or abused in their lifetime.
Whilst this figure seems unbelievable to most of us, the sad truth is that we are hearing about more and more cases in which families, and in some cases whole communities, have been destroyed by acts of domestic violence. Earlier this month, a man was arrested in Perth over the murder of his former partner and mother of his child, after a history of violence in the relationship had led her to take out a Violence Restraining Order against him.